OA202432013

For the Appellant: Mr B. Ali, Solicitor Advocate instructed by Stoke & White LLP

The appellant is a citizen of Turkey, born on 26 November 1973, who applied for entry clearance to the United Kingdom to establish a hair dressing business under the Turkey-European Community Association Agreement.

In a decision dated 10 October 2013, the respondent refused the application. The refusal notice stipulated that the appellant could only appeal on human rights grounds. The appellant nonetheless appealed on the basis that the respondent's decision was not in accordance with the Immigration Rules, as well as being incompatible with his rights under the European Convention on Human Rights.

The appeal came before First-tier Tribunal Judge M P W Harris ("the judge") on 29 January 2015. The appellant did not advance any human rights arguments and sought only to argue that the decision was not in accordance with the Immigration Rules. In a decision promulgated on 13 February 2015, the judge dismissed the appellant's appeal on the basis that he did not have jurisdiction to decide the appeal under the Immigration Rules. He explained his reasoning at paragraphs 11 and 12:

"11. For the appellant's argument about having the right to appeal on the ground that the decision is not in accordance with the Rules to succeed, I find that at the least he needs to identify the existence of a right of appeal in 1973 that would allow him to challenge a refusal of entry clearance under the rules.